Ford Vehicle Car Raffle

Tour de Pier Ford Vehicle Car Raffle

Tickets: $100 each - no more than 2,500 tickets will be sold.

Grand Prize (1): Choose any Ford model (under $50,000) or $30,000 cash per the rules and regulations *See the Official Rules below.

WINNER: We are very excited to announce that Ruben Inofuentes is the Grand Prize Winner of the 2017 Tour de Pier Car Raffle! His winning ticket number #00643 was drawn by LA Lakers Head Coach Luke Walton on Sunday May 21, 2017 at 1:30 at the Manhattan Beach Pier. Thank you to everyone who participated in our raffle.

OFFICIAL RULES AND REGULATIONS

THESE RULES AND REGULATIONS (the “Rules”) shall regulate the Tour de Pier Ford Vehicle Raffle (“Raffle”), which shall take place at the Tour de Pier charity event on May 21, 2017 (the “Event”), and will be located at Manhattan Beach Boulevard and Strand (the “Raffle Location”). The Raffle will be conducted by the Hirshberg Foundation for Pancreatic Cancer Research (“HFPCR”), a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and Section 23701d of the California Revenue and Taxation Code, pursuant to California Penal Code Section 320.5, et seq., to raise funds for beneficial or charitable purposes. The Rules are set forth below. By purchasing a Ticket (as defined below), the purchaser agrees to be bound by these Rules. HFPCR’s interpretation and application of these Rules shall be final.

1. Grand Prize. The Grand Prize (as defined below) shall be one of the following, at the election of the winner of the Grand Prize (“Winner”): (i) any base model Ford automobile which comprises the inventory of South Bay Ford, having an address at 5100 West Rosencrans Avenue, Hawthorne, California 90250 (“Dealer”), on the day Winner selects said automobile, and whose factory-equipped suggested retail value shall not exceed $50,000.00 (the “Car”) or (ii) $30,000.00 cash (the “Cash Prize”, and Winner’s choice between the Car or the Cash Prize is the “Grand Prize”). Winner shall make the election between the Car and the Cash Prize, in writing, no later than 5:00PM PST, on the fifth (5th) business day following the Raffle. In the event the Car is selected as the Grand Prize, Winner may, at his or her expense and option, choose to upgrade the Car. Prior to the Car’s delivery by Dealer to Winner, Winner shall be required to show proof of insurance and shall be responsible for payment of any and Dealer pickup and delivery costs. HFPCR and Dealer reserve the right to substitute the automobile selected with (i) a comparable automobile, selected by the HFPCR and/or Dealer, or (ii) the Cash Prize.

2. Raffle Rules and Details; How to Purchase Raffle Tickets.

(a) One (1) Winner will be selected in the Raffle. An independent raffle auditor will supervise the Raffle. Winner need not be present on the day of the Event to be eligible to win the Grand Prize. Physical location of the Raffle may be changed without notice, at the discretion of HFPCR.

(b) Grand Prize Raffle tickets will be sold for $100 per ticket (“Ticket” or “Tickets”). The maximum amount of Tickets that may be sold by HFPCR is 2,500 (the “Maximum Ticket Amount”). There is no limitation on the amount of Tickets that may be purchased by an individual, subject to availability, based on the Maximum Ticket Amount. Tickets may be purchased prior to the event by phone, mail or walk-in until 10:00PM PST on May 19, 2017 (the “Pre-sale Deadline”), or at the Raffle Location on the day of the Event, according to the purchase methods set forth in Section 2(c). Ticket orders received after the Pre-sale Deadline shall be invalid, provided, however, that Tickets sold at the Raffle Location on the day of the Event shall be valid. HFPCR assumes no responsibility for lost, late, misdirected or non-delivered mail messages, or any other failure to receive orders or delivery receipts prior to the Pre-sale Deadline. Each Ticket is sold with a detachable coupon or stub, and both the Ticket and its associated coupon or stub are marked with a unique and matching identifier. Winner shall be determined by a draw from among the coupons or stubs described in the preceding sentence that have been detached from all Tickets sold for entry in the Raffle.

(c) Tickets may be purchased prior to the Event and up to the Pre-sale Deadline in each of the following ways: (i) by mail, by printing and filling-out the order form provided on the Event website, at www.tourdepier.com (the “Event Website”), and mailing the order form to the following address: Tour de Pier Ford Vehicle Car Raffle ℅ Hirshberg Foundation for Pancreatic Cancer Research, 2990 S. Sepulveda Blvd. Suite 300C, Los Angeles, California 90064 or (ii) by telephone, by calling the HFPCR offices at (310) 473-5121 and providing your name, address, phone number and credit card information (number, security code and expiration date). All mail and phone entries must include payment by check, money order, cash or credit card. Please see the Ticket order form for more payment details. To the extent Tickets remain unsold after the Pre-sale Deadline, Tickets will be sold at the Raffle Location on the day of the Event. HFPCR reserves the right to reject any order form that is submitted with payment, whether such payment is in acceptable or unacceptable form, for any reason prior to the Raffle.

(d) Tickets are non-refundable, provided, however, that in the event an individual submits and HFPCR receives an order form with payment (i) after the Maximum Ticket Amount is reached, (ii) after the Pre-sale Deadline or (iii) after HFPCR ceases the sale of Tickets at the Raffle Location on the day of the Event, the individual shall be entitled to a refund equal to the amount of payment received by HFPCR from the individual. HFPCR, in its sole discretion, reserves the right to refund any individual for any reason and in any amount, on a case-by-case basis.

(e) Winner will be notified according to the contact information listed on the order at the time of Ticket purchase. Winner’s name will also be posted on the Event Website. For Winner to collect the Grand Prize, Winner may be required, at HFCPR’s request, to: (i) sign and deliver to HFPCR a sworn affidavit of eligibility in accordance with these Rules and applicable law, which affidavit may require, at a minimum, a written statement by Winner that Winner is eighteen (18) years of age or older; (ii) sign and deliver to HFCPR such written information as is required by any applicable tax laws, including, without limitation, Winner’s Social Security Number; (iii) provide proof of identity in forms satisfactory to the HFPCR, which show that the person claiming the Grand Prize is the same person named on the winning Ticket; (iv) the winning Ticket stub; and (v) submit a W-2G, Form 5754 or similar tax form (provided by HFPCR) for tax withholding purposes. Winner’s failure to comply with any of (i) (v) in this Section 2(e) shall be deemed a forfeiture of Winner’s right to claim the Grand Prize.

3.Eligibility.

(a) Only one method of payment, one name, and one mailing address are permitted per Ticket. Only California residents are eligible to participate. In the event a non-California resident wins the Grand Prize, the Ticket shall be invalid and another winner picked. In the event more than one name is submitted with a Ticket purchase, and said Ticket is selected as the winning Ticket, Winner shall be the person whose name appears first on the winning ticket. In the event more than one individual purchases a Ticket-in-common, distribution and division of the Grand Prize shall be made by the agreement of the group, or, if there is no agreement of which HFPCR is informed in writing signed by all members of the group at the time of award, by the individual whose name appears first on the winning Ticket.

(b) HFPCR, at its sole discretion, reserves the right to reject any order form and/or payment for any reason. All defective or physically altered order forms shall be immediately disqualified by HFPCR. In the event of a disqualification or rejection of the order form and/or payment, HFPCR will make reasonable efforts to notify the individual and/or entity prior to the drawing using the contact information provided on the order form.

4. Tax Liability and Limitations. The Internal Revenue Service (the “IRS”) has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes do not constitute gifts, and consequently, do not qualify as deductible charitable contributions. HFPCR takes no responsibility for any tax liabilities the Winner may incur, and HFPCR encourages the Winner to consult with a tax professional. This offer is void where prohibited by law, and all federal, state and local laws apply.

(a) In the event Winner elects the Car as the Grand Prize, Winner shall be responsible for the payment of all government taxes and/or assessments, including, but not limited to, all state and governmental fees (including title and registration fees), local tax, sales tax, state tax, federal tax, and any other costs incurred when title of the Car is transferred to Winner. HFPCR makes no guarantee that the IRS’s appraised value of the Car will be the same value as determined by Dealer for purposes of determining any tax liability due from Winner.

(b) In the event Winner elects the Cash Prize, Winner shall be responsible for the payment of all government taxes and/or assessments, including, but not limited to, local tax, state tax and federal tax. HFPCR will withhold all appropriate and required local tax, state tax and federal tax, and HFPCR will remit the balance of the Cash Prize to Winner.

5.Agreement to be Bound; Limitations on Liability

(a) BY PURCHASING A TICKET OR OTHERWISE PARTICIPATING IN THIS RAFFLE, PARTICIPANTS ACCEPT AND AGREE (i) TO BE BOUND BY ALL OF THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH IN THESE RULES AND (ii) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY HFPCR AND TOUR DE PIER FOR PUBLICITY PURPOSES AND ANNOUNCED ON THE EVENT WEBSITE. OTHER RULES AND REGULATIONS NOT STATED IN THESE RULES MAY APPLY. PLEASE CONTACT HFPCR IF YOU HAVE ANY QUESTIONS. HFPCR’S INTERPRETATION AND APPLICATION OF THE RULES SHALL BE FINAL.

(b) BY PURCHASING A TICKET OR OTHERWISE PARTICIPATING IN THIS RAFFLE, EACH PARTICIPANT RELEASES HFPCR AND THE TOUR DE PIER, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. THE WINNER AGREES TO INDEMNIFY AND HOLD HFPCR AND THE TOUR DE PIER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE, OR WINNER’S ACCEPTANCE OR USE OF ANY PRIZE. FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

(c) A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY AGAINST HFPCR AND TOUR DE PIER FOR ANY HFPCR OR TOUR DE PIER BREACH SHALL BE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID FOR HIS OR HER TICKET(S). IN NO EVENT SHALL HFPCR OR TOUR DE PIER, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. General Provisions.

(a) The Car will be transferred to Winner “AS IS, WHERE IS AND WITH ALL FAULTS.” NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF HFPCR BY WORDS AND/OR CONDUCT WILL CONSTITUTE AN EXPRESS WARRANTY.

(b) Any controversy or claim arising out of or relating to the Raffle, the Grand Prize, or these Rules, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Rules, will be governed by and construed in accordance with the laws of California, and will be settled by binding arbitration in Los Angeles, California, USAunder the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. To begin an arbitration proceeding, ticket purchasers must send a letter requesting arbitration to: Executive Director, 2990 S. Sepulveda Boulevard, Suite 300C, Los Angeles, California 90064; if HFPCR requests arbitration, it will send notice to the email address and/or address provided by the ticket purchaser on the Ticket order form. The party requesting arbitration must also provide a copy of the request to the AAA in accordance with AAA’s then-current process, which information can be found at www.adr.org. All arbitration proceedings will be conducted in English. Such arbitration will be heard before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. The panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Notwithstanding this arbitration provision, HFPCR may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts or breach of these Rules by a ticket purchaser. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS RELATED TO THE RAFFLE, THESE RULES OR THE GRAND PRIZE. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICATION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN LOS ANGELES COUNTY, CALIFORNIA AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE RULES, THE RAFFLE OR THE GRAND PRIZE OFFERED OR MADE AVAILABLE THROUGH THE RAFFLE.
(c) By purchasing a Ticket and participating in the Raffle, all participants acknowledge and agree that HFPCR has the right, in its sole discretion, to elect not to proceed with the Raffle for any reason, and, in such event, a participant's sole remedy shall be a refund of the full price paid by participant and received by HFPCR for each Ticket purchased, without interest.

(d) HFPCR has registered this Raffle with the State of California and has received confirmation of registration with the California Department of Justice under Raffle Registration Number R-4009.